Validity of Documents in Mexico
CAN-AM-MEX FIRMA JURIDICA / LA FIRM CELEBRATES
After ONLY 6 years of operation CAN-AM-MEX FIRMA JURIDICA / LA FIRM becomes the biggest law firm in Baja having helped more that 700 clients.
The Firm was founded by JACQUES-EDOUARD BEAULNE, who studied Law for 6 years at the Law Faculty (civil section) of the "University of Ottawa" in Ottawa, Ontario, Capital of Canada and at the Law Faculty of the "Université de Montréal" in Montréal, Province of Québec, Canada; graduating with honors while terminating a 19 year career at Air Canada where he directed and travelled intensively before having given the opportunity to study law.
During his law studies he decided to specialize in Civil Law and more precisely in regards to international business and contracts and procedures regarding real estate properties. After graduating as a Bachelor of Law he elected to study in the "Diplome en Droit Notarial" program (DDN) toward acquiring the title of "Notaire" (equivalent to the position of Solicitor or Contract Lawyer in the Common Law system and “Notrario Publico” in latin countries such as Mexico). Having received the Certificate from the "Chambre des Notaires du Quebec", which attested of his knowledge in Law, he provided legal counselling to international real estate investors and administered his own international real estate companies which led him to immigrate to the State of Baja California Sur, Mexico in 1989 where he was eventually invited to teach law at the "Universidad Autonoma de Baja California Sur" (UABCS) in La Paz, B.C.S., Mexico.
With the growing real estate development in Mexico more and more investors were seeking legal advise but the local legal offices in Baja were not adequately formed and lacked the required international law knowledge thus the need to provide recognized university level courses under the wing of the UABCS in different parts of Mexico to real estate salespersons was established and more than 200 real estate agents and brokers the first "Professional Services Center" was opened in the capital city of La Paz in the State of Baja California Sur, Mexico.
Using his international public law knowledge he requested from the "Secretaria de la Educación Publica" (SEP) his licence to practice law in Mexico. Recognised as one who did extensive studies in Law and possessing the knowledge of the legal system in Mexico he was admitted as a lawyer in Mexico and given the honour of being the first person to receive his license with studies in Law in universities outside of Mexico.
“CAN-AM-MEX Firma Jurídica / Legal Firm”, a Professional Law Firm, which would provide Professional Legal Services with a team of lawyers who would specialize in areas of the legal system in Mexico so as to provide the best of the best in legal representation to clients was formed.
As senior member of the Firm, fluent in English, French and Spanish, he specializes in Real Estate processes and/or litigation and matters related to International law and fully supervises all the activities of CAN-AM-MEX Firma Jurídica / Legal Firm so as to provide the best professional legal services.
To assure the client that he would be looking at a person who is professional very important rules were set: Be on time, Dress as a professional (no jeans or sporty look), Do professional work, in other words team members must act in each an every way as professionals. As for the lawyers associated with the Firm one more rule was imposed: Oath of Secrecy.
After only three and half years the number of clients was such that operating from a small office in the city of La Paz was not adequate thus it was necessary to relocate and open satellite offices. In La Paz it was decided to have headquaters on the second floor of the NOTARIA 8 located at the corner of Allende and Serdan in La Paz and satellite offices were open in Los Barriles and Loreto with associates in Mulege, Santa Rosalia.
Today with more than having supervised 200 successful COMPLETELY INDEPENDENT CLOSING on real estate properties across Mexico using associated professionals such as Certified Evaluators, Architects and specialized lawyers in real estate law, having won every case presented at the Administrative, Civil, Labour, “Agraria” (land affairs) and Penal Tribunals various States in Mexico and having processed immigration an naturalization applications for hundreds of foreigners we are proud of the achievements of our team.
Finally I, my senior partner, Lic. Lizet Sarahi Manzo Rodriguez, and all our team members would like to thank each and every client that helped us grow, we also invite others to contact us at can_am_mex@hotmail.com or using our 24/7 phone service (612) 348-9793.
JACQUES-EDOUARD BEAULNE, LLB.
Most foreigners who immigrate to a different country rely on other compatriots to find out what is what and most of the time these ready to help locker room lawyers did the same thus perpetual misinformation is given. After reading about VIRTUAL CLOSING PROCESS I decided to write the following:
In Mexico a document sent by fax or e-mail is NOT a valid document since the only recognized document by law is the ORIGINAL.
This is extremely important when one is doing CLOSING on a real estate property since every document from the time the closing process begins to the time the final document “Fideicomiso Traslativo de Dominio” (FTD contract) or “Escritura” (Writing) is signed in front to the “Notario Publico” (Contract lawyer) is part of the chain of events and can be used in litigation and will be considered by the Judge. In other words a promise of sale and purchase, addendum(s), certificates of no leans and / or water debt and / or no debt of property taxes, “Evaluo” (appraisals) must be presented as originals and not as fax transmitted document or e-mail attachment documents.
Because people live in different countries some contracts are signed in different countries and on different dates; when this is the case one must fallow the rules where one signing so as to validate his signature.
For example, buyer and seller in different country with a contract which originates in Mexico: The contract which is signed in Mexico must be signed IN FRONT of two witnesses who are NOT part of the deal, who are NOT members of the family(ies) or working for the Real Estate broker or agent; In the USA or Canada the person(s) who signs the contract must sign in front an authority who will recognize the signature(s), in the USA and in Canada, except Quebec, one must sign in front of a notary who will appose his seal and note, in Quebec the person who does this is called “Commisaire à l’asermentation”. Once this done the document is now a foreign document which has to be legalized before returning to Mexico.
The proper steps for a document which originates in Mexico are:
A) After signature(s) are received one must obtain an “Apostille” from the State government, this makes it a legal document in the foreign country.
B) In the foreign country (USA or Canada): Sign the document, then present to the proper government Authorities to either received an “Apostille” or be declared legal according to the applicable international conventions; in Canada one goes to the nearest Mexican Consulate, in the USA one can choose between the nearest State Dept. (USA) or the Mexican consulate (The State Dept., is recommended.).
C) Have the foreign document plus the “Apostille” translated by an official (recognized by the government) translator in Spanish, this procedure can either be done in Mexico or foreign country.
This procedure is the same if the document originates in a foreign country.
For any comments or questions on this or other legal subjects feel free to call or write to me.
Contact Information
Lic. J.E. Beaulne, LL.B.
Abogado / Avocat / Attorney at Law,
International real estate investor
Member of Lawyer's college in B.C.S.
Firm´s Senior Partner,
Notaria 8, Planta Alta, suite 4 & 6,
Esq., Allende y Serdan,
La Paz, B.C.S., Mexico. CP 23000.
24/7
From outside Mexico: 011 52 1 (612) 348-9793
In Mexico:045-(612) 348-9793 cell